Time: Tue Jan 14 21:45:51 1997
          by primenet.com (8.8.4/8.8.4) with ESMTP
	  id SAA03935; Tue, 14 Jan 1997 18:18:09 -0700 (MST)
          release 1.8c) with spool id 19158 for
          LIBERTARIANS@LISTSERV.ARIZONA.EDU; Tue, 14 Jan 1997 18:11:12 -0700
          listserv.arizona.edu (AIX4.2/UCB 8.7/8.7) with ESMTP id SAA28422 for
          <LIBERTARIANS@LISTSERV.ARIZONA.EDU>; Tue, 14 Jan 1997 18:11:11 -0700
          (MST)
          by primenet.com (8.8.4/8.8.4) with SMTP id SAA00914 for
          <LIBERTARIANS@LISTSERV.ARIZONA.EDU>; Tue, 14 Jan 1997 18:10:52 -0700
          (MST)
Message-ID:  <3.0.16.19970114212204.08cfa108@mailhost.primenet.com>
Date:         Tue, 14 Jan 1997 21:22:07 -0800
              <LIBERTARIANS@LISTSERV.ARIZONA.EDU>
              <LIBERTARIANS@LISTSERV.ARIZONA.EDU>
From: Paul Andrew Mitchell [address in tool bar]
Subject:      all rights reserved?
To: LIBERTARIANS@LISTSERV.ARIZONA.EDU

>Date: Tue, 14 Jan 1997 21:20:48 -0800
>To: Psyberdude <rturmel@clark.net>
>From: Paul Andrew Mitchell [address in tool bar]
>Subject: all rights reserved?
>Bcc: friends, liberty lists
>
>At 07:11 PM 1/14/97 -0500, you wrote:
>>Paul what does "all rights reserved without prejudice" mean? I notice
>>that you affix this sometimes to letters you mail to people.
>>
>>Is it something I should use also?
>
>
>Dear Psyberdude,
>
>Nobody answered that question
>better than the late Howard Freeman,
>in his classic essay entitled
>"The Two United States and the Law,"
>which follows:
>
>/s/ Paul Mitchell
>
>
>               "The Two United States and the Law"
>
>                               by
>
>                         Howard Freeman
>                          P. O. Box 364
>                        Lusk, Wyo. 82225
>
>
>Our forefathers,  weary of  the  oppressive  measures  that  King
>George III's  government forced  upon them,  in  common  declared
>their independence  from England in 1776.  They were not expected
>to be  successful in  that resistance.   The  moneyed people  had
>backed England  for two  major reasons.   First,  our forefathers
>wanted a  rigid, written  Constitution "set  in concrete."   They
>were familiar  with the  so-called Constitution  of England which
>consisted  largely   of  customs,   precedents,  traditions,  and
>understandings, often vague and always flexible.  They wanted the
>principle of English common law, that an act done by any official
>person or  law-making body beyond his or its legal competence was
>simply void.   Second,  the thirteen  little colonies  desired to
>base their  union on substance (gold and silver)  --  real money.
>They well  knew how  the  despotic  governments  of  Europe  were
>mortgaged to the hilt  --  lock, stock, and barrel, the land, the
>people, everything  --  to certain wealthy men who controlled the
>banks, the  currency, and all credit, who lent credit but did not
>loan gold and silver!
>
>The United  States of  America was  made up of a union of what is
>now  fifty   sovereign  States,   a  three-branch   (legislative,
>executive, and  judicial) Republic  known as The United States of
>America, or  as termed  in this  article, the  Continental United
>States.   Its citizenry  live in one of the fifty States, and its
>laws are based on the Constitution, which is based on Common Law.
>
>Less than  one hundred years after we became a nation, a loophole
>was discovered  in the  Constitution by cunning lawyers in league
>with the  international bankers.   They  realized that a separate
>nation existed,  by the  same name,  that Congress had created in
>Article I,  Section 8,  Clause 17.   This  "United States"  is  a
>Legislative Democracy  within the Constitutional Republic, and is
>known as  the Federal United States.  It has exclusive, unlimited
>rule over  its  citizenry,  the  residents  of  the  District  of
>Columbia, the  territories and  enclaves (Guam,  Midway  Islands,
>Wake Island,  Puerto Rico,  etc.), and anyone who is a citizen by
>way of the 14th Amendment (naturalized citizens).
>
>Both United  States have  the same  Congress that  rules in  both
>nations.   One "United States," the Republic of fifty States, has
>the "stars  and stripes"  as its  flag, but without any fringe on
>it.   The Federal  United States'  flag is  the stars and stripes
>
>with a  yellow fringe, seen in all the courts.  The abbreviations
>of the  States of  the Continental  United States  are,  with  or
>without the  zip codes, Ala., Alas., Ariz., Ark., Cal., etc.  The
>abbreviations of the States under the jurisdiction of the Federal
>United States, the Legislative Democracy, are AL, AK, AZ, AR, CA,
>etc. (without any periods).
>
>Under the  Constitution, based on Common Law, the Republic of the
>Continental United  States provides  for legal cases  (1) at Law,
>(2) in Equity, and  (3) in Admiralty:
>
>
>(1)  Law is  the collective  organization of the individual right
>     to lawful  defense.   It is  the will  of the  majority, the
>     organization of  the natural right of lawful defense.  It is
>     the substitution of a common force for individual forces, to
>     do only what the individual forces have a natural and lawful
>     right to do:  to protect persons, liberties, and properties;
>     to maintain the right of each, and to cause justice to reign
>     over us  all.  Since an individual cannot lawfully use force
>     against  the   person,  liberty,   or  property  of  another
>     individual, then  the common  force  --  for the same reason
>     --   cannot lawfully be used to destroy the person, liberty,
>     or property  of individuals or groups.  Law allows you to do
>     anything you want to, as long as you don't infringe upon the
>     life, liberty  or property  of anyone  else.   Law does  not
>     compel performance.   Today's  so-called  laws  (ordinances,
>     statutes, acts,  regulations, orders,  precepts,  etc.)  are
>     often  erroneously   perceived  as  law,  but  just  because
>     something is  called a  "law" does not necessarily make it a
>     law.   [There is  a difference between "legal" and "lawful."
>     Anything the  government does  is legal,  but it  may not be
>     lawful.]
>
>
>(2)  Equity is the jurisdiction of compelled performance (for any
>     contract you are a party to) and is based on what is fair in
>     a particular  situation.   The  term  "equity"  denotes  the
>     spirit and  habit of  fairness, justness,  and right dealing
>     which would  regulate the  intercourse of men with men.  You
>     have  no  rights  other  than  what  is  specified  in  your
>     contract.  Equity has no criminal aspects to it.
>
>
>(3)  Admiralty is  compelled performance plus a criminal penalty,
>     a civil contract with a criminal penalty.
>
>
>By 1938  the gradual  merger procedurally  between law and equity
>actions (i.e.,  the  same  court  has  jurisdiction  over  legal,
>equitable, and admiralty matters) was recognized.  The nation was
>bankrupt and  was  owned  by  its  creditors  (the  international
>bankers) who  now  owned  everything    --    the  Congress,  the
>Executive, the  courts, all the States and their legislatures and
>executives, all  the land,  and all  the people.   Everything was
>mortgaged  in  the  national  debt.    We  had  gone  from  being
>sovereigns over  government to subjects under government, through
>the use  of negotiable  instruments to  discharge our  debts with
>limited liability, instead of paying our debts at common law with
>gold or silver coin.
>
>The remainder  of this  article explains how this happened, where
>we are  today, and  what remedy we have to protect ourselves from
>this system.
>
>
>             Our Present Commercial System of "Law"
>           and the REMEDY Provided for Our Protection
>
>The present  commercial system  of "law" has replaced the old and
>familiar Common  Law upon  which our  nation was  founded.    The
>following is  the legal  thread which  brought us from sovereigns
>over government  to subjects under government, through the use of
>negotiable instruments  (Federal Reserve  Notes) to discharge our
>debts with  limited liability  instead of  paying  our  debts  at
>common law with gold or silver coin.
>
>The change  in our  system of  law from  public  law  to  private
>commercial law  was recognized by the Supreme Court of the United
>States in  the Erie  Railroad vs.  Thompkins case  of 1938, after
>which case,  in  the  same  year,  the  procedures  of  Law  were
>officially blended with the procedures of Equity.  Prior to 1938,
>all U.S.  Supreme Court  decisions were based upon public law  --
>or that  system of  law that  was  controlled  by  Constitutional
>limitation.   Since 1938,  all U.S.  Supreme Court  decisions are
>based upon what is termed public policy.
>
>Public policy  concerns commercial  transactions made  under  the
>Negotiable  Instrument's   Law,  which   is  a   branch  of   the
>international Law  Merchant.  This has been codified into what is
>now known as the Uniform Commercial Code, which system of law was
>made uniform  throughout the  fifty States through the cunning of
>the Congress  of the United States (which "United States" has its
>origin in Article I, Section 8, Clause 17 of the Constitution, as
>distinguished from the "United States," which is the Union of the
>fifty States).
>
>In offering  grants of  negotiable paper  (Federal Reserve Notes)
>which the  Congress gave  to the  fifty States  of the  Union for
>education, highways,  health, and  other purposes, Congress bound
>all the  States of the Union into a commercial agreement with the
>Federal United  States (as  distinguished  from  the  Continental
>United States).  The fifty States accepted the "benefits" offered
>by the Federal United States as the consideration of a commercial
>agreement between  the Federal  United States  and  each  of  the
>corporate States.   The  corporate States  were then obligated to
>obey the Congress of the Federal United States and also to assume
>their portion of the equitable debts of the Federal United States
>to the  international banking houses, for the credit loaned.  The
>credit which  each State received, in the form of federal grants,
>was predicated upon equitable paper.
>
>This system  of negotiable  paper binds all corporate entities of
>government together in a vast system of commercial agreements and
>is what  has altered  our court  system from one under the Common
>Law to  a Legislative  Article I  Court, or  Tribunal, system  of
>commercial law.  Those persons brought before this court are held
>to the  letter of  every statute  of government  on the  federal,
>state, county, or municipal levels unless they have exercised the
>
>REMEDY provided  for them  within that  system of  Commercial Law
>whereby, when  forced to  use a  so-called "benefit"  offered, or
>available, to  them, from  government,  they  may  reserve  their
>former right,  under the  Common Law guarantee of same, not to be
>bound by any contract, or commercial agreement, that they did not
>enter knowingly, voluntarily, and intentionally.
>
>This is  exactly how the corporate entities of state, county, and
>municipal  governments   got  entangled   with  the   Legislative
>Democracy, created  by Article  I, Section  8, Clause  17 of  the
>Constitution, and  called here  The  Federal  United  States,  to
>distinguish it  from the  Continental United States, whose origin
>was in the Union of the Sovereign States.
>
>The same  national Congress  rules the  Continental United States
>pursuant to  Constitutional limits  upon its  authority, while it
>enjoys exclusive  rule, with no Constitutional limitations, as it
>legislates for the Federal United States.
>
>With the  above information,  we may  ask:  "How did we, the free
>Preamble citizenry  of the  Sovereign States, lose our guaranteed
>unalienable rights and be forced into acceptance of the equitable
>debt obligations  of the  Federal United  States, and also become
>subject to  that entity  of government,  and  divorced  from  our
>Sovereign  States  in  the  Republic,  which  we  call  here  the
>Continental United  States?"   We do  not reside,  work, or  have
>income from  any territory  subject to the direct jurisdiction of
>the Federal  United  States.    These  are  questions  that  have
>troubled sincere,  patriotic Americans  for many years.  Our lack
>of knowledge  concerning the  cunning of  the legal profession is
>the  cause  of  that  divorce,  but  a  knowledge  of  the  truth
>concerning the  legal thread,  which caught  us in  its net, will
>restore our  former status  as a  free Preamble  citizen  of  the
>Republic.  The answer follows:
>
>Our national  Congress works  for two  nations  foreign  to  each
>other, and  by legal  cunning both  are called The United States.
>One is  the Union  of Sovereign  States, under  the Constitution,
>termed in  this article the Continental United States.  The other
>is a  Legislative Democracy  which has  its origin  in Article I,
>Section 8, Clause 17 of the Constitution, here termed the Federal
>United States.   Very few people, when they see some "law" passed
>by Congress,  ask themselves,  "Which nation was Congress working
>for when  it passed  this or  that so-called  law?"  Or, few ask,
>"Does this  particular law  apply to the Continental citizenry of
>the Republic, or does this particular law apply only to residents
>of  the  District  of  Columbia  and  other  named  enclaves,  or
>territories, of the Democracy called the Federal United States?"
>
>Since  these   questions  are  seldom  asked  by  the  uninformed
>citizenry  of  the  Republic,  it  was  an  open  invitation  for
>"cunning" political  leadership to  seek more power and authority
>over the  entire citizenry  of the Republic through the medium of
>"legalese."   Congress deliberately failed in its duty to provide
>a medium  of exchange  for the  citizenry  of  the  Republic,  in
>harmony with  its Constitutional mandate.  Instead, it created an
>abundance  of   commercial  credit   money  for  the  Legislative
>Democracy, where  it was not bound by Constitutional limitations.
>Then,  after   having  created  an  emergency  situation,  and  a
>tremendous  depression   in  the   Republic,  Congress  used  its
>emergency authority  to remove  the remaining substance (gold and
>silver) from  the medium  of exchange  belonging to the Republic,
>and made  the negotiable  instrument  paper  of  the  Legislative
>Democracy (Federal  United States) a legal tender for Continental
>United States citizenry to use in the discharge of debts.
>
>At the  same time,  Congress granted  the entire citizenry of the
>two nations  the "benefit"  of limited liability in the discharge
>of all  debts by  telling the  citizenry that the gold and silver
>coins of  the Republic  were out  of date  and cumbersome.    The
>citizens were  told that gold and silver (substance) was no loner
>needed to  pay their  debts, that  they were  now "privileged" to
>discharge debt  with this  more "convenient"  currency, issued by
>the Federal  United States.  Consequently, everyone was forced to
>"go modern,"  and to  turn in  their gold as a patriotic gesture.
>The entire  news media  complex went  along  with  the  scam  and
>declared it  to be  a forward  step for  our democracy, no longer
>referring to America as a Republic.
>
>From that  time on,  it was  a falling  light for the Republic of
>1776, and  a rising  light  for  Franklin  Roosevelt's  New  Deal
>Democracy, which  overcame the  depression, which was caused by a
>created shortage  of real  money.  There was created an abundance
>of debt  paper money,  so-called, in the form of interest-bearing
>negotiable instrument  paper called  Federal Reserve  Notes,  and
>other forms of paperwork credit instruments.
>
>Since all  contracts since  Roosevelt's time  have the  colorable
>consideration of  Federal Reserve  Notes, instead  of  a  genuine
>consideration  of   silver  and  gold  coin,  all  contracts  are
>colorable contracts,  and not  genuine contracts.   [According to
>Black's Law  Dictionary (1990), colorable means "That which is in
>appearance only,  and not  in reality,  what it  purports to  be,
>hence counterfeit, feigned, having the appearance of truth."]
>
>Consequently, a  new colorable  jurisdiction, called  a statutory
>jurisdiction, had  to be  created to enforce the contracts.  Soon
>the term  colorable contract  was changed  to the term commercial
>agreement to fit circumstances of the new statutory jurisdiction,
>which is  legislative, rather  than judicial,  in nature.    This
>jurisdiction enforces commercial agreements upon implied consent,
>rather than  full knowledge,  as it  is with  the enforcement  of
>contracts under the Common Law.
>
>All of our courts today sit as legislative Tribunals, and the so-
>called "statutes"  of legislative  bodies being enforced in these
>Legislative  Tribunals   are  not   "statutes"  passed   by   the
>legislative  branch   of  our   three-branch  Republic,   but  as
>"commercial obligations"  to the Federal United States for anyone
>in the  Federal United States or in the Continental United States
>who has  used the equitable currency of the Federal United States
>and  who   has  accepted   the  "benefit,"   or  "privilege,"  of
>discharging  his  debts  with  the  limited  liability  "benefit"
>offered to  him by the Federal United States ... EXCEPT those who
>availed themselves of the remedy within this commercial system of
>law, which  remedy is  today found  in  Book  1  of  the  Uniform
>Commercial Code at Section 207.
>
>When used  in conjunction  with one's  signature, a stamp stating
>"Without Prejudice U.C.C. 1-207" is sufficient to indicate to the
>magistrate of  any of  our present  Legislative Tribunals (called
>"courts") that the signer of the document has reserved his Common
>Law right.   He  is not to be bound to the statute, or commercial
>obligation, of  any commercial  agreement that  he did  not enter
>knowingly, voluntarily,  and intentionally,  as would be the case
>in any Common Law contract.
>
>Furthermore,  pursuant   to  U.C.C.  1-103,  the  statute,  being
>enforced as  a commercial  obligation of  a commercial agreement,
>must now  be construed  in harmony  with the  old Common  Law  of
>America, where the tribunal/court must rule that the statute does
>not apply  to the  individual who  is wise  enough  and  informed
>enough to exercise the remedy provided in this new system of law.
>He retains his former status in the Republic and fully enjoys his
>unalienable rights,  guaranteed to him by the Constitution of the
>Republic,  while   those  about   him  "curse  the  darkness"  of
>Commercial Law  government, lacking  the  truth  needed  to  free
>themselves from  a slave  status under the Federal United States,
>even while inhabiting territory foreign to its territorial venue.
>
>
>                            ADDENDUM
>
>U.C.C. 1-207:4  Sufficiency of reservation.
>
>Any expression  indicating any  intention to  preserve rights  is
>sufficient, such  as "without prejudice," "under protest," "under
>reservation," or "with reservation of all our rights."
>
>The  Code   states  an   "explicit"  reservation  must  be  made.
>"Explicit" undoubtedly  is used in place of "express" to indicate
>that the  reservation must not only be "express" but it must also
>be "clear" that such a reservation was intended.
>
>The term  "explicit" as used in U.C.C. 1-207 means "that which is
>so clearly  stated or  distinctively set  forth that  there is no
>doubt as to its meaning." ...
>
>
>U.C.C. 1-207:7  Effect of reservation of rights.
>
>The making  of a  valid reservation  of rights preserves whatever
>rights the  person then  possesses and  prevents the loss of such
>right by application of concepts of waiver or estoppel ....
>
>
>U.C.C. 1-207:9  Failure to make reservation.
>
>When a waivable right or claim is involved, the failure to make a
>reservation thereof  causes a  loss of  the right  and  bars  its
>assertion at a later date ....
>
>
>U.C.C. 1-103:6  Common law.
>
>The Code  is "Complementary"  to the  common law which remains in
>force except where displaced by the Code ....
>
>A statute  should be  construed in  harmony with  the common  law
>unless there is a clear legislative intent to abrogate the common
>law. ...   "The  Code cannot  be read  to preclude  a common  law
>action."
>
>
>                             EXAMPLE
>
>Your Honor,  my use  of "Without  Prejudice UCC  1-207" above  my
>signature on  this document  indicates that  I have exercised the
>"Remedy" provided for me in the Uniform Commercial Code in Book 1
>at Section  207, whereby I may reserve my Common Law right not to
>be compelled  to perform under any contract, or agreement, that I
>have not  entered into knowingly, voluntarily, and intentionally.
>And, that  reservation  serves  notice  upon  all  administrative
>agencies of government  --  national, state and local  --  that I
>do not,  and will  not, accept  the liability associated with the
>"compelled" benefit of any unrevealed commercial agreement.
>
>
>                             #  #  #

====================================================================
[Text is usually formatted in Courier 11 non-proportional spacing @]
[65-characters per line; .DOCs by MS-WORD for MS-DOS, Version 5.0B.]
Paul Andrew Mitchell, B.A., M.S., email address: pmitch@primenet.com
ship to: c/o 2509 N. Campbell, #1776, Tucson, Arizona state [We win]
We can decode all your byte streams, spaghetti code notwithstanding.
Coming soon: "Manifesto for a Republic" by John E. Trumane ie JetMan
====================================================================

      


Return to Table of Contents for

Supreme Law School:   E-mail